The Orissa police has arrested writer Lenin Kumar and two of his associates, Ravi Jena and Dhananjay Lenka, for publishing his book Dharma Naanre Kandhamalare Raktanadee (Bloodshed in Kandhamal in the name of religion). They have been charged under Sections 153A, 295A and 34 of the Indian Penal Code.

Section 153A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

Section 295A: Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

Section 34: Acts done by several persons in furtherance of common intention [When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone]

For those who have been following recent events in Orissa, sections 153A and 295A read like a description of the Sangh Parivar’s activities. However, Lenin Kumar and his associates have been arrested for raising their voices against the Parivar. According to Pramodini Pradhan, Convenor of PUCL (Bhubaneswar Unit): The specific section of the book – pages 38 to 41 – (which has been cited by police) relates to a letter allegedly written by the RSS to its members for anti-dalit, anti-minority activities.

Quoted in these pages are parts from a piece written by CPI leader D Raja and first published in the June 18-24, 2000, issue of the party’s mouthpiece New Age. This piece, say the police, makes various allegations against the RSS, including that the Hindutva outfit asks followers to store firearms for use in riots, coerces Dalit Christians to chant ‘Shri Ram’ and ‘Om’ and forces Dalit, Muslim and Christian girls into prostitution.

Apparently, the same objectionable (for whom?) material has been published in various outlets in and outside Orissa. The Indian Express report also quotes a civil rights activist, Sudhir Patnaik, on violations of due process in the arrests:

The two sections under which Lenin was held warrant that police take permission from either the state Government or Centre before an arrest is made. How can Lenin be arrested for writing against communal violence while organisations like the RSS and VHP, which incited communal disharmony in Kandhamal through their writings and press statements, have not? (emphasis mine)

While the stated reason for the arrests is the printing and publishing of the said book, and the police also confiscated about 700 copies of the book and shut down the press, Deputy Commissioner of Police (Bhubaneswar) Himanshu Lal has claimed that some Maoist literature was also seized from the press and more charges will be pressed against Kumar. A confusing report in The Hindu also insinuates a Maoist connection, though the logic escapes me:

The police had swung into action and booked Mr. Kumar in the wake of the appearance of Maoist posters in different localities of the Capital city. The posters, which bore the name of Communist Party of India (Maoist), warned people against joining organisations such as the Vishwa Hindu Parishad. The police had seized some posters and registered a case, but no one has been arrested in this connection so far.

The Orissa police seem to have taken a leaf out of their Chhattisgarh colleagues in harrassing and imprisoning dissenters as Maoists and Maoist sympathizers. This August, advocate Protima Das, anti-displacement activist Pradeep and U.S.-based educator Dave were detained while on a fact-finding trip. Upon his return to the U.S., Pugh wrote:

At approximately 8 pm, the car transporting us was pulled over by local police for a traffic-related reason. My translator Pratima Das, my guide Pradeep, our driver, and I were taken to a police station for questioning. For the next eight hours, all of us were interrogated, first by the local police, and then by the chief police official of the state of Orissa. The latter was particularly hostile, accusing me of being an “anti-government agitator.” When I insisted that I was a teacher researching the issue of forced displacement in India, he insisted that only “communists” would be interested in speaking with villagers. (emphasis added)

These arrests triggered a debate on whether the police was seeking to muzzle the voices of anti-displacement activists by dubbing them as Maoists. Interestingly, the police seem to have attempted to concoct a Maoist link with Lenin Kumar at that time, by placing reports in the media that the arrested suspects (whose links with Maoists were not proven) had named Kumar’s magazine Nishan. Kumar’s observations then have now proven prescient:

[Kumar] alleged that of late voice of protest against government policy or system in Orissa has been branded as an act of treason or terrorism. He referred to the Dr Binayak Sen case and noted Orissa may soon witness many more Binayak Sens being put behind bars. [source: The Statesman]